W912BU19B0020-Amend3.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Sep-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU19B0020

X 9B. DATED (SEE ITEM 11)

23-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Sep-2019

CODE

CONTR DIV-CONTRACTS BR

USACE, PHILA DISTRICT

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

1. Add Sections B, F and H.

W912BU19B0020

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

Section B - AMENDMENT - Design, construct, and test one Crane Barge for the Corps of Engineers, Mobile District for use in support of its navigation and lock maintenance mission in accordance with the attached specifications.

ITEM UNIT TOTAL

NUMBER ITEM QTY. UNIT PRICE PRICE

0001 Crane Barge 1 Barge

0001AA PLANNING AND SCHEDULING (The submittals required for “Planning and Scheduling” are listed in contract Clause H02.). This item is initiated only by a Notice To Proceed issued by the Contracting Officer.

1 JOB XXXX $ _________

001AB ENGINEERING (The submittals for “Enginering” are listed in contract Clause H02.). This item is initiated only by a Notice To Proceed issued by the Contracting Officer. The Contractor may not start this item until he receives a Notice To Proceed for this item.

1 JOB XXXX $_________

0001AC CONSTRUCT, TEST and DELIVER (The submittals for “Construct, Test and Delivery” are listed in contract Clause H02.). This item is initiated only by a Notice to Proceed issued by the Contracting Officer. The Contractor may not start this item until he receives a Notice to Proceed for this item.

1 JOB XXXX $_________

TOTAL ITEM 0001 1 JOB $_________

TOTAL FOR CRANE BARGE 1 JOB XXXX $_________

INSERT LOCATION OF THE FACILITY WHERE THE WORK WILL BE PERFORMED:

The Government may reject an offer as non-responsive if it is materially and mathematically unbalanced as to price for any offered item or combination of offered items. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices, which are significantly overstated for other work.

W912BU19B0020 –

AMENDMENT Section F - Deliveries or Performance

F01 CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY REFERENCE

52.211-8 Time of Delivery JUN 1997 52.211-11 Liquidated Damages -- Supplies, Services, or Research and

Development

SEP 2000

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

F02 PERFORMANCE

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires completion of all work and delivery to be made in accordance to the following schedule:

REQUIRED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM DATE OF NOTICE

NUMBER DESCRIPTION QUANTITY TO PROCEED

0001AA PLANNING, 1 job 45 calendar days

SCHEDULING

0001AB ENGINEERING 1 job 150 calendar days

0001AC CONSTRUCT, TEST 1 job 400 calendar days

AND DELIVER

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered non-responsive and rejected.

The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM DATE OF NOTICE

NUMBER DESCRIPTION QUANTITY TO PROCEED

0001AA PLANNING, 1 job _____ calendar days

AND SCHEDULING

0001AB ENGINEERING 1 job _____ calendar days

0001AC CONSTRUCT, TEST 1 job ______ calendar days

DELIVER

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract.

The Government will mail or otherwise furnish to the offeror an award or notice of award not later than one day after the award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of Notice To Proceed rather than the date the written notice is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding five days for delivery of the award through the ordinary mails. If, as so computed, the offered delivery date is later than the required date, the offer will be considered non-responsive and rejected.

(End of Clause)

F03 PLACE OF DELIVERY

For CLIN0001:

The Contractor shall deliver the vessel afloat and ready for service at the following location:

U.S. Army Corps of Engineers

U.S. Army Engineer District, Mobile 109 St Joseph St, Mobile, AL 36602

F04 LIQUIDATED DAMAGES

FAR 52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVICES OR RESEARCH AND

DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of:

For Line Item 0001AA and 0001AB ................................................................... $1,200.00 For Line Item 0001AC ......................................................................................... $1,875.00

(b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Termination for Default - Fixed Price, Supply and Services clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

(c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Termination for Default - Fixed Price, Supply and Services clause of this contract.

(End of Clause FAR 52.211-11)

W912BU19B0020 – AMENDMENT

Section H – Special Contract Requirements

H01 CONTRACT ORGANIZATION

A. CLIN 0001AA – PLANNING AND SCHEDULING

PHASE I – Planning and Scheduling is CLIN 0001AA of the contract and commences only after receipt by the contractor of a Notice of Contract Award (Award) and a Notice To Proceed (NTP) with line item CLIN 0001AA, “PLANNING AND SCHEDULING,” respectively. In this first phase of the contract, the contractor is required to present planning information that demonstrates a logical, orderly and workable approach to the contract and develop the contract schedule.

B. CLIN 0001AB – ENGINEERING

PHASE II – Engineering is CLIN 0001AB of the contract and commences only after receipt by the contractor of a Notice To Proceed (NTP) with line item CLIN 0001AB, “ENGINEERING.” It is intended, but not required, that NTP will be issued on after completion of the Planning and Scheduling phase (CLIN 0001AA).

During this second phase of the contract, the contractor is required to perform engineering and make submittals as required by the contract.

Failure of the contractor to perform CLIN 0001AB in the allotted time will result in the application by the Government of Liquidated Damages. See Section F of the contract.

C. CLIN 0001AC – CONSTRUCT, TEST AND DELIVER

PHASE III - Construct and Test is CLIN 0001AC of the contract and will commence only after receipt by the contractor of Notice to Proceed with CLIN 0001AC. It is intended, but not required, that NTP will be issued only after completion of the Engineering phase (CLIN 0001AC). During this third phase of the contract, the Construction Progress Chart shall be updated and maintained, the vessel constructed and tests performed.

This phase of the Contract is completed upon receipt by the Contractor of a letter of PROVISIONAL ACCEPTANCE and submittal of all final documents.

Failure of the contractor to perform CLIN 0001AC in the allotted time will result in the application by the Government of Liquidated Damages. See Section F of the contract.

D. PHASE SEQUENCING

It is intended that the three phases will be performed sequentially.

The time allotted in Contract Section F for each phase spans an interactive process involving both the contractor and the Government. This process includes preparation, review and approval of the phase submittals, contract administration, mailing, preparation and issuance of Notices To Proceed.

The Government will require a maximum of 28 calendar days after submittal to review Contractor initial submittals or re-submittals and provide comments or acceptance.

The contractor must be aware that the quality, completeness, and detail of the submittals have a direct bearing on the approval process. Extended review iterations will increase the time required to receive approval of the submittals and will subject the contractor to assessment of Liquidated Damages or Termination for Default. It is the Contractor’s responsibility to properly account for the time required for review iterations and acceptance of all submittals within the period of performance for each sub-CLIN defined in Clause F02.

Refer to contract Clause H05 for information concerning the submittal review process.